[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1616 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1616
To provide exceptions from permitting and fee requirements for content
creation, regardless of distribution platform, including digital or
analog video and digital or analog audio recording activities,
conducted on land under the jurisdiction of the Secretary of
Agriculture and the Secretary of the Interior.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2021
Mr. Barrasso introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide exceptions from permitting and fee requirements for content
creation, regardless of distribution platform, including digital or
analog video and digital or analog audio recording activities,
conducted on land under the jurisdiction of the Secretary of
Agriculture and the Secretary of the Interior.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Interior Land Media Act'' or
the ``FILM Act''.
SEC. 2. EXCEPTIONS FOR PERMITTING AND FEE REQUIREMENTS FOR CERTAIN
CONTENT CREATION, REGARDLESS OF DISTRIBUTION PLATFORM,
INCLUDING DIGITAL OR ANALOG VIDEO AND DIGITAL OR ANALOG
AUDIO RECORDING ACTIVITIES, CONDUCTED ON LAND UNDER THE
JURISDICTION OF THE SECRETARY OF AGRICULTURE AND THE
SECRETARY OF THE INTERIOR.
(a) National Park System Land.--Section 100905 of title 54, United
States Code, is amended--
(1) in subsection (c)(1), in the first sentence, by
inserting ``commercial or non-commercial'' before ``still
photography'';
(2) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(3) by inserting after subsection (c) the following:
``(d) Content Creation, Regardless of Distribution Platform,
Including Digital or Analog Video and Digital or Analog Audio Recording
Activities.--
``(1) In general.--Except as provided in paragraph (3), the
Secretary shall not require a permit or assess a fee or charge
for any commercial or noncommercial content creation,
regardless of distribution platform, including digital or
analog video and digital or analog audio recording activity, in
a System unit (referred to in this subsection as a `covered
activity'), if the covered activity--
``(A) takes place at a location in which the public
is allowed;
``(B) complies with and adheres to visitor use
policies, practices, and regulations applicable to the
applicable System unit;
``(C) is conducted in a manner that does not--
``(i) impede or intrude on the experience
of other visitors to the applicable System
unit; or
``(ii) disturb other resource values and
wildlife;
``(D) does not require the exclusive use of a site
or area;
``(E) complies with other applicable Federal,
State, and local laws (including regulations), such as
laws relating to the use of unmanned aerial equipment;
and
``(F) is conducted by--
``(i) an individual; or
``(ii) a group of not more than 10
individuals.
``(2) Advance notification not required.--The Secretary
shall not require advance notification for the conduct of a
covered activity under paragraph (1).
``(3) Exceptions.--Notwithstanding paragraph (1), the
Secretary may require a permit, assess a fee or charge, or
both, for the conduct of a covered activity, if--
``(A) the covered activity takes place at a
location in which members of the public are generally
not allowed;
``(B) additional administrative costs are likely to
be incurred by the Secretary with respect to the
covered activity;
``(C) the covered activity is being conducted in a
localized area that receives very high volume
visitation;
``(D) the covered activity requires the use of a
set or staging equipment; or
``(E) the covered activity is being conducted by a
group of 11 or more individuals.
``(4) Voluntary permit applications.--Notwithstanding
paragraph (1), an individual or small group of individuals
conducting a covered activity that meets the requirements of
that paragraph may elect to apply for a permit for the covered
activity for any reason, including to benefit from any
assurances provided by the permit.'';
(4) in subsection (e) (as so redesignated), in the matter
preceding paragraph (1), by inserting ``, a covered activity
described in subsection (d),'' after ``still photography''; and
(5) in subsection (g) (as so redesignated)--
(A) by striking ``The Secretary shall'' and
inserting the following:
``(1) In general.--The Secretary shall''; and
(B) by adding at the end the following:
``(2) Coordination.--
``(A) In general.--If a permit is required for an
activity under this section and 1 or more additional
Federal agencies or jurisdictional units are involved
in the permitting of the activity, the Secretary and
the head of the Federal agency or jurisdictional unit
shall, to the maximum extent practicable, coordinate
permit processing procedures.
``(B) Identification of lead permit agency
contact.--To maximize the efficient and coordinated
processing of permits under this section in which more
than 1 Federal agency or jurisdictional unit is
involved in the permitting of the activity, the
Secretary and the heads of any other applicable Federal
agencies shall consider, to the maximum extent
practicable, identifying a lead contact or office to
process and coordinate applicable permits and fees.''.
(b) Other Land Under the Jurisdiction of the Secretary of
Agriculture and the Secretary of the Interior.--Section 1 of Public Law
106-206 (16 U.S.C. 460l-6d) is amended--
(1) in subsection (c)(1), in the first sentence, by
inserting ``commercial or non-commercial'' before ``still
photography'';
(2) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(3) by inserting after subsection (c) the following:
``(d) Content Creation, Regardless of Distribution Platform,
Including Digital or Analog Video and Digital or Analog Audio Recording
Activities.--
``(1) In general.--Except as provided in paragraph (3), the
Secretary shall not require a permit or assess a fee or charge
for any commercial or noncommercial content creation,
regardless of distribution platform, including digital or
analog video and digital or analog audio recording activity, on
land administered by the Secretary (referred to in this
subsection as a `covered activity'), if the covered activity--
``(A) takes place at a location in which the public
is allowed;
``(B) complies with and adheres to visitor use
policies, practices, and regulations applicable to the
applicable land administered by the Secretary;
``(C) is conducted in a manner that does not--
``(i) impede or intrude on the experience
of other visitors to the applicable land
administered by the Secretary; or
``(ii) disturb other resource values and
wildlife;
``(D) does not require the exclusive use of a site
or area;
``(E) complies with other applicable Federal,
State, and local laws (including regulations), such as
laws relating to the use of unmanned aerial equipment;
and
``(F) is conducted by--
``(i) an individual; or
``(ii) a group of not more than 10
individuals.
``(2) Advance notification not required.--The Secretary
shall not require advance notification for the conduct of a
covered activity under paragraph (1).
``(3) Exceptions.--Notwithstanding paragraph (1), the
Secretary may require a permit, assess a fee or charge, or
both, for the conduct of a covered activity, if--
``(A) the covered activity takes place at a
location in which members of the public are generally
not allowed;
``(B) additional administrative costs are likely to
be incurred by the Secretary with respect to the
covered activity;
``(C) the covered activity is being conducted in a
localized area that receives very high volume
visitation;
``(D) the covered activity requires the use of a
set or staging equipment; or
``(E) the covered activity is being conducted by a
group of 11 or more individuals.
``(4) Voluntary permit applications.--Notwithstanding
paragraph (1), an individual or small group of individuals
conducting a covered activity that meets the requirements of
that paragraph may elect to apply for a permit for the covered
activity for any reason, including to benefit from any
assurances provided by the permit.'';
(4) in subsection (e) (as so redesignated), in the matter
preceding paragraph (1), by inserting ``, a covered activity
described in subsection (d),'' after ``still photography''; and
(5) in subsection (g) (as so redesignated)--
(A) by striking ``The Secretary shall'' and
inserting the following:
``(1) In general.--The Secretary shall''; and
(B) by adding at the end the following:
``(2) Coordination.--
``(A) In general.--If a permit is required for an
activity under this section and 1 or more additional
Federal agencies or jurisdictional units are involved
in the permitting of the activity, the Secretary and
the head of the Federal agency or jurisdictional unit
shall, to the maximum extent practicable, coordinate
permit processing procedures.
``(B) Identification of lead agency contact.--To
maximize the efficient and coordinated processing of
permits under this section in which more than 1 Federal
agency or jurisdictional unit is involved in the
permitting of the activity, the Secretary and the heads
of any other applicable Federal agencies shall
consider, to the maximum extent practicable,
identifying a lead contact or office to process and
coordinate applicable permits and fees.''.
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